Florida/Georgia Personal Injury & Workers Compensation

...Under these circumstances, an arrest pursuant to § 316.130 could not be reasonable. Durruthy, 235 F. Supp. 2d at 1298. We disagree. First, the statute does not require that there be vehicular traffic in the roadway at the time of the offense. See Fla. Stat. § 316.130(3); see also Fla. Stat. § 316.003(42) (defining “roadway” as “[t]hat portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder” (emphasis added))....

...Nor was it a surprise to 15 anyone at that intersection on the morning of April 22, 2000, that the police had cleared protesters from the street. Second, the definition of “pedestrian” as “[a]ny person afoot,” Fla. Stat. § 316.003(28), contains no exception for anyone, including members of the media....

...irst attorney, his second attorney noted Fla. Stat. § 322.03(1) requires a perpetrator to have been driving a vehicle; Stephens never drove the car on which he was working. Stephens’s Am. Mot. to Vacate J. of Conviction at 4 ¶ 11; see Fla. Stat. § 316.003(46) (“Operator” means “[a]ny person who is in actual physical control of a motor vehicle upon the highway or who is exercising control over or steering a vehicle being towed by a motor vehicle.” (emphasis added)); Fla....

...erm "operator" in conformity with the statutory definition of that term as "[a]ny person who is in actual physical control of a motor vehicle upon the highway, or who is exercising control over or steering a vehicle being towed by a motor vehicle. " § 316.003(25), Fla....

...The defendant, knowing he had been directed to stop by a duly authorized police officer: Give a or b as applicable a. [willfully refused to stop or remain stopped as directed,] b. [willfully fled in an attempt to elude the police officer, after having stopped.] Optional Definitions F.S. 316.003(26) 1. "Operator" means any person who is in actual physical control of a motor vehicle upon the highway, or who is exercising control over or steering a vehicle being towed by a motor vehicle. F.S. 316.003(2) & 316.003(21) 2. "Motor vehicle" means any vehicle which is self propelled (and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails), but not including any bicycle or "moped". F.S. 316.003(54) 3....

...[had a blood or breath alcohol level of 0.10 0.08 percent or higher.] Definitions; "Vehicle" is any device in, upon, or by which any person or give as property is or may be transported or drawn upon a highway, applicable except devices used exclusively upon stationary rails or tracks. F.S. 316.003(75) "Normal faculties" mean those faculties of a person, such as include but are not limited to the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies and, in general, to normally perform the many mental and physical acts of our daily lives....

...Definitions; "Vehicle" is any device in, upon, or by which any person or give as property is or may be transported or drawn upon a highway, applicable except devices used exclusively upon stationary rails or tracks. F.S. "Normal faculties" mean those faculties of a person, such 316.003(75) as include but are not limited to the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies and, in general, to normally perform the many mental and physical acts of our daily lives....

...1989) Definitions; "Vehicle" is any device in, upon, or by which any person or give as property is or may be transported or drawn upon a highway, applicable except devices used exclusively upon stationary rails or tracks. F.S. "Normal faculties" mean those faculties of a person such as 316.003(75) include but are not limited to the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies and, in general, to normally perform the many mental and physical acts of our daily lives....

...First, chapter 28, Traffic Offenses, is hereby renamed "Transportation Offenses." Chapter 28 of the Standard Jury Instructions previously was limited to vehicle-related offenses. New instructions 28.14, 28.15, 28.16, and 28.17, relating to boating under the influence, are not traffic offenses or vehicle-related. Compare § 316.003(75), Fla. Stat. (2008) ("Vehicle" means "[e]very device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.") (emphasis added); and § 316.003(57), Fla....

...the defendant had a [blood] [breath]-alcohol level of .15 or higher while driving or in actual physical control of the vehicle. b. the defendant was accompanied in the vehicle by a person under the age of 18 years at the time of the driving under the influence. Definitions. Give as applicable. § 316.003(75), Fla....

...the defendant had a [blood] [breath]-alcohol level of .15 or higher while driving or in actual physical control of the vehicle. b. the defendant was accompanied in the vehicle by a person under the age of 18 years at the time of the driving under the influence. Definitions. Give as applicable. § 316.003(75), Fla.Stat....

...possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee, or lessee, or mortgagor shall be deemed the owner, for the purposes of this chapter. § 316.003(26), Fla....

...such conditional vendee, lessee, or mortgagor is the owner for the purpose of this chapter. § 322.01(31), Fla. Stat. (2013). These statutory definitions in 2005, when the accident in this case occurred, contained identical language. §§ 316.003(26), 322.01(30), 324.021(9)(a), Fla....

...led portion of the roadway out of control." Speigel, 341 So.2d at 833. Although Ileana contends that the vehicle never left the traveled portion of the roadway and was not out of control, we are unpersuaded by both arguments. A roadway is defined by section 316.003(43), Florida Statutes (1983), as "that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder." When the car veered off the pavement onto the shoulder it ceased to travel on the roadway....

...§ 17150 (Deering 1972); Idaho Code § 49-1404 (1980); Iowa Code § 321.493 (1983); Michigan Stat.Ann. § 9.2101 (Callaghan 1981) [M.C.L.A. § 257.401]; N.Y.Veh. & Traf.Law § 388 (Consol. 1976). A golf cart is clearly a motor vehicle. The legislature has recently specifically so defined it in section 316.003(68), Florida Statutes (1983), which states: (68) GOLF CART....

...However, the party upon whom the duty is imposed is specifically limited to "operators" of passenger vehicles. Chapter 316 defines "operator" as "[a]ny person who is in actual physical control of a motor vehicle upon the highway, or who is exercising control over or steering a vehicle being towed by a motor vehicle." § 316.003(25), Fla....

...ida Statutes (Supp. 1978). "Truck" is not defined in section 570.15 or anywhere in chapter 570. But the Florida Uniform Traffic Control Law defines it as "Any motor vehicle designed, used, or maintained primarily for the transportation of property." § 316.003, Fla....

...Ohio, 392 U.S. 1, 30, 88 S.Ct. 1868, 1884, 20 L.Ed.2d 889 (1968); § 901.151(5), Fla. Stat. (1993). McNeil was a passenger in a car traveling on State Road 9, Interstate 95 ("I-95"), at the time the car was stopped. I-95 is a limited access facility ( see § 316.003(19), Fla....

...limited access facility or for any other reason. Such highways or streets may be parkways from which trucks, buses, and other commercial vehicles are excluded; or they may be freeways open to use by all customary forms of street and highway traffic. § 316.003(19), Fla....

...While chapter 316 permits limited municipal authority to regulate traffic, it does not authorize the municipality to convert the civil nature of such traffic offenses into city crimes. 3. Chapter 316 specifically prohibits vehicles (and I would suggest that the statutory definition of "vehicle" in section 316.003(75) includes bicycles) from being equipped with any "siren, whistle or bell, except as otherwise permitted in this section"....

...of fact in the appellant's favor. Because the vehicle in which Ms. Jones was sitting was found to be inoperable so that it could not be moved except by an outside agency, we cannot say that she had actual physical control of a vehicle as defined by § 316.003, Fla....

...culties were impaired. b. had a blood or breath alcohol level of 0.08 or higher. 3. As a result, (defendant) caused or contributed to the cause of the death of (victim). See Magaw v. State, 537 So.2d 564 (Fla.1989) . Definitions. Give as applicable. § 316.003(75), Fla....

...Two types of traffic control devices are defined within the Uniform Traffic Control Law. Official traffic control devices consist of "signs, signals, markings, and devices, ... placed or erected by authority of a public *49 body or official having jurisdiction for the purpose of regulating, warning or guiding traffic." § 316.003(23), Fla. Stat. (1989). The other, designated an official traffic control signal, is defined as "[a]ny device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed." § 316.003(24), Fla....

...ately directing it to stop and proceed, they are obviously not the type of signals defined in subsection (24). Nevertheless, an illuminated flashing signal is clearly included within the general definition of an official traffic control device under section 316.003(23), in that it is a signal which regulates, warns, or guides traffic....

...[2] Even if the court interprets the exclusion clause in light of the Florida Statutes, as the trial court did, Mrs. Salazar would prevail. The Florida Statutes make it clear that the term "motor vehicle" does not encompass every "motor-driven" vehicle. Even section 316.003(21), Florida Statutes (1993), the traffic statute relied upon by appellant, notes that a moped — a motor-driven vehicle — is not a motor vehicle....

App. 1958, 100 So.2d 676; 2 Fla.Jur., Appeals § 316. [3] Reynolds v. Aument, Fla.App. 1962, 137 So.2d

...A primary factor in determining whether an object is a dangerous instrumentality is whether the object at issue is a motor vehicle. See, e.g., Meister, 462 So.2d at 1072. Clearly, a farm tractor is a motor vehicle as it has been defined as such by the Legislature. For instance, section 316.003(12), Florida Statutes (2004), defines a farm tractor as "[a]ny motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry." The Legislature also refers to a farm tractor as a motor vehicle in section 322.01(19), Florida Statutes (2004)....

...Authorized emergency vehicle. If you find (defendant) guilty of burglary, you must also determine if the State has proved beyond a reasonable doubt whether the conveyance [entered] [remained in] was an authorized emergency vehicle. Definition. See § 316.003, Fla....

...ism had been broken or bypassed, unless satisfactorily explained, gives rise to an inference that the person in possession of the stolen motor vehicle knew or should have known that the motor vehicle had been stolen. Definitions. Give if applicable. § 316.003, Fla....

...Harbaugh, 754 So.2d 691 (Fla.2000). NOTES [1] We have jurisdiction. See art. V, § 2(a), Fla. Const. [2] Added to the definition of "authorized emergency vehicle" in instruction 13.1 are vehicles of the Florida Department of Corrections, as provided by section 316.003(1), Florida Statutes (2007)....

...Section 322.01(26) defines "Motor vehicle" as: [A]ny self-propelled vehicle, including a motor vehicle combination, not operated upon rails or guideway, excluding vehicles moved solely by human power, motorized wheelchairs, and motorized bicycles as defined in section 316.003....

...er's Licenses). Rather, the appellant relies on the fact that in other chapters motor vehicles are defined to exclude mopeds. For example, in the chapter entitled "Uniform Traffic Control" a motor vehicle is defined as excluding bicycles and mopeds, § 316.003(21), Fla....

...efinition of a motor vehicle in section 322.01(26), we *1277 conclude that driving a moped requires a license. [3] We therefore affirm. FARMER and STEVENSON, JJ., concur. NOTES [1] A motorized bicycle is referred to in the definition of a bicycle in section 316.003(2), Florida Statutes, as being a "bicycle propelled by a combination of human power and an electric helper motor rated at not more than 200 watts and capable of propelling the vehicle at a speed of not more than 10 miles per hour on l...

...In later years it has been applied to trucks, buses, tow-motors and other motorized vehicles." In a 4-3 decision, the court held that a golf cart falls within the doctrine due, in part, to Florida statutes that specifically define the term "golf cart" as a motor vehicle. Id. (citing to sections 316.003(68) and 320.01(22), Florida Statutes (1983)). Although there are no Florida statutes that specifically define the term "go-kart" as a motor vehicle, the trial court concluded that a go-kart meets the definition of a "motor vehicle" found in two statutes. Section 316.003(21), Florida Statutes, defines a "motor vehicle" as "any self-propelled vehicle not operated upon rails or guideway, but not including any bicycle, motorized scooter, electric personal assistive mobility device or moped." Section 322....

...tutes, defines a "motor vehicle" as "any self-propelled vehicle, including a motor vehicle combination, not operated upon rails or guideways, excluding vehicles moved solely by human power, motorized wheelchairs, and motorized bicycles as defined in s.316.003." We note that yet another definition of a "motor vehicle" appears in Chapter 320, which governs motor vehicle licenses: (1) "motor vehicle" means: (a) An automobile, motorcycle, truck, semitrailer, truck tractor and semitrailer combination...

...More importantly, it appeared that defendant, who was in control of the vehicle, was intoxicated and acting furtively. The officer was justified in ordering defendant out of the vehicle based on his well-founded suspicion that defendant was DUI. See § 316.003(10); State v....

...ghway, measured from the curb, or in the absence of curbs, from the edges of the traversable roadway or any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. [§ 316.003(6)(a) and (b), Fla....

...Those precise questions do not call for subsidiary decisions on whether the decedent's careless conduct, relevant though it is, violated statutes against jaywalking, against driving in the wrong lane, or against speeding. Whether the decedent violated statutes such as section 316.003 and .130, invoked in this case, would be pertinent only if the decedent were to be charged with those violations, see section 316.655, Fla....

...ehicle having 1 or 2 riding saddles and sometimes having a third wheel for the support of a sidecar." Minibike is defined in Webster's New Collegiate Dictionary (1976) as "a small one-passenger motorcycle having a low frame and elevated handlebars." Section 316.003(22), Florida Statutes (1975), of the Florida Uniform Traffic Control Law, was amended by Ch....

...minibike can hardly be said to be that which we have traditionally associated with motorcycles. However the definition provided in Nicholson for motorcycle could as easily be applied to bicycles. Compare the definition for the latter as set forth in Section 316.003(2), Florida Statutes (Supp....

...To construe the statute in the manner argued by State Farm would be illogical, unreasonable and a departure from common sense. Accordingly we feel the only logical interpretation which can be accorded to the word "motorcycle" is that the motor minibike involved in the accident is a motordriven cycle as defined under Section 316.003(23), and is not a motorcycle as contemplated by Section 627.736....

...2006-2, 962 So.2d 310, *722 322 (Fla.2007); In re Standard Jury Instructions in Criminal Cases —Report No. 2007-11, 986 So.2d 568, 564 (Fla.2008). Sixth, the Court amends the definition of “authorized emergency vehicle” in instruction 13.1 to conform to the definition of that phrase in section 316.003, Florida Statutes (2012), the definition under the State Uniform Traffic Control provisions, and as used in the theft instruction....

...Authorized emergency vehicle. *727 If you find (defendant) guilty of burglary, you must also determine if the State has proved beyond a reasonable doubt whether the conveyance [entered] [remained in] was an authorized emergency vehicle. Definition. See § 316.003, Fla....

...ism had been broken or bypassed, unless satisfactorily explained, gives rise to an inference that the person in possession of the stolen motor vehicle knew or should have known that the motor vehicle had been stolen. Definitions. Give if applicable. § 316.003, Fla....

...isfies this element of the offense. Fla. Stat. 316.062(1). “Identifying information” means the name, address, vehicle registration number, and if available and requested, the exhibition of the defendant’s license or permit to drive. Fla. Stat. 316.003(75) “Vehicle” means every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks....

...Stat. “Motor vehicle” means any self-propelled vehicle, including a motor vehicle combination, not operated upon rails or guideway, excluding vehicles moved solely by human power, motorized wheelchairs, and motorized bicycles. Give if applicable. § 316.003(2), Fla....

...Section 322.03(1) of the Florida Statutes provides that "... a person may not drive any motor vehicle upon a highway in this state unless such person has a valid driver's license ...," and the definition of a "motor vehicle" is found in both § 322.01(26) and § 316.003(21)....

...Section 322.01(26) defines a motor vehicle as: ... any self-propelled vehicle, including a motor vehicle combination, not operated upon rails or guideway, excluding vehicles moved solely by human power, motorized wheelchairs, and motorized bicycles as defined in s. 316.003. Applying this definition, the subject vehicle is a self-propelled vehicle, it is not moved solely by human power, and it is not a motorized wheelchair. The subject vehicle is also not a motorized bicycle under § 316.003(2), which defines a motorized bicycle as a vehicle propelled by a combination of human power and an electric helper motor rated at not more than 200 watts and incapable of propelling the vehicle at a speed of not more than 10 m.p.h. on level ground. In view of the foregoing, the "goped" is a motor vehicle as defined in § 322.01(26). The other definition of a motor vehicle under § 316.003(21), defines a motor vehicle as "[A]ny self-propelled vehicle not operated upon rails or guideway, but not including any bicycle or moped." The "goped" is not a bicycle, and the only remaining motor vehicle exception is a "moped." Section 316.003(77) defines a moped as: Any vehicle with pedals to permit propulsion by human power, having a seat or saddle for the use of the rider and designed to travel on not more than 3 wheels; with a motor rated not in excess of 2 brake horsep...

...ctly or automatically without clutching or shifting gears by the operator after the drive system is engaged. If an internal combustion engine is used, the displacement may not exceed 50 cubic centimeters. The "go-ped" is not a moped as defined under § 316.003(77), as it has no pedals to permit propulsion by human power, and has no seat or saddle. Based on the foregoing, it is clear that the "go-ped" is a "motor vehicle" as defined in § 322.01(26) and § 316.003(21), and that neither the motorized wheelchair, motorized bicycle, bicycle or moped exceptions apply....

...include heavy construction equipment such as a backhoe. "Conveyance" is defined in section 810.011(3), Florida Statutes (1983), as "any motor vehicle, ship, vessel, railroad car, trailer, aircraft, or sleeping car... ." "Motor vehicle" is defined in section 316.003(21), Florida Statutes (1983), as "any vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, but not including any bicycle or moped as defined in subsection *871 (2)." In subsection 316.003(75), Florida Statutes (1983), "vehicle" is defined as [e]very device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks." Similar definitions of motor vehicles and vehicles are found in sections 320.01, 322.01, and 520.02(7), Florida Statutes (1983). Chapter 316, Florida Statutes (1983), also contains a definition of special mobile equipment in section 316.003(49): SPECIAL MOBILE EQUIPMENT....

...The term does not include house trailers, dump trucks, truck-mounted transit mixers, cranes or shovels, or other vehicles designed for the transportation of persons or property to which machinery has been attached. (Emphasis added). Obviously, by enacting section 316.003(49), the legislature does not consider vehicles for construction use to be "motor vehicles" as they have assigned such vehicles to a "special" category. A backhoe, generally, is a tractor which is used for digging pipelines, ditches, holes, swimming pools, and so forth. Such equipment is not run on the streets and is not used for transporting people. The state argued that because sections 316.003(21) and 322.01 provide definitions which broadly include every vehicle which is self-propelled, the backhoe should be deemed a motor vehicle within the statutory definition of a conveyance....

...r driveway yield to approaching road traffic, and in subsection (2) that a vehicle entering a road from a private road or driveway in a business or residential district stop before entering the road. [1] Defense counsel pointed out to the court that section 316.003 defines residential and business districts....

...§ 627.736(4)(d)(1), Fla. Stat. (Supp. 1980). Section 627.732(1), defines "motor vehicle" as: [A]ny self-propelled vehicle which is of a type both designed and required to be licensed for use on the highways of this state except mopeds, as defined in s.316.003(2), ......

...peds were specifically excepted from the definition of motor vehicles and as motor vehicles are defined as self-propelled vehicles, then mopeds must be self-propelled vehicles. Section 627.732(1), however, specifically refers to mopeds as defined in section 316.003(2). [2] Section 316.003 provides for mopeds within the definition of "Bicycles": (2) Bicycle....

...of 1 1/2 brake horsepower, upon which any person may ride, having two tandem wheels, either of which is 20 inches or more in diameter, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels. *877 Section 316.003 also provides the following definitions: (21) Motor vehicle....

...State Farm does not dispute that Link's moped is a bicycle under chapter 316 but rather argues that this chapter should not be used to define terms under the no-fault insurance act. As was mentioned above, section 627.732(1) excepted mopeds as defined in section 316.003(2) from its definition of motor vehicles....

...fault insurance act. See State Farm Mut. Auto. Ins. Co. v. O'Kelley, 349 So.2d at 718. In O'Kelley, the court held that a minibike with between 3 1/2 to 5 brake horsepower which was involved in an accident was a "motor-driven cycle" as defined under section 316.003(23) [3] and not a motorcycle as contemplated by section 627.736 and thus the insurance carrier was required to pay PIP benefits to the plaintiff....

...le," he was entitled to PIP benefits. AFFIRMED. ORFINGER C.J., and COWART, J., concur. NOTES [1] §§ 627.730-627.741, Fla. Stat. (Supp. 1980). [2] Chapter 316 is known as the "Florida Uniform Traffic Control law." § 316.001, Fla. Stat. (1981). [3] Section 316.003(23) provides as follows: Motor-driven cycles....

..."Motor vehicle" is defined for the purposes of chapter 322 as: any self-propelled vehicle, including a motor vehicle combination, [2] not operated upon rails or guideway, excluding vehicles moved solely by human power, motorized wheelchairs, and motorized bicycles as defined in s. 316.003. § 322.01(26). Motorized bicycles, the only category excluded from the definition of "motor vehicle" that is potentially relevant here, are defined within the definition of "bicycle" in section 316.003(2), Florida Statutes (2004)....

...(emphasis added) This section contemplates applicability to all "vehicles" since it is not limited to "motor vehicles," as are many of the other statutes dealing with driving while under the influence. See § 316.1932-.1934, 322.261, *613 261, .28, Fla. Stat. (1985). Compare § 316.003(76), Fla. Stat. (1985) (defining a "vehicle") with § 316.003(21), Fla. Stat. (1985) (defining a "motor vehicle"). A "vehicle" is defined in section 316.003(76), Florida Statutes (1985), as: [e]very device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. Under the Florida Statutes, a bicycle is defined as a vehicle. § 316.003(2)....

...to a person operating a bicycle while under the influence. Had the legislature intended to exclude bicyclists, it could have made section 316.193 applicable only to a "motor vehicle," as the statutory definition of a motor vehicle excludes bicycles, § 316.003(21), Fla....

...esort to the rules of statutory construction"), appeal dismissed, 383 So.2d 1197 (Fla. 1980). [3] Since section 316.193 applies to all persons driving, or in actual physical control of, any "vehicle," and since a bicycle is a "vehicle" as defined in section 316.003(64), we find that section 316.193 applies to bicyclists. Accordingly, the order under review is Reversed and remanded for further proceedings. NOTES [1] § 316.003(2) provides in pertinent part: BICYCLE....

...— Every vehicle propelled solely by human power ..., upon which any person may ride, having two tandem wheels, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels. (emphasis added) [2] A "motor vehicle" is defined in section 316.003(21) as: [a]ny vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, but not including any bicycle or moped as defined in subsection (2). (emphasis added) [3] Our decision is further supported by the fact that in 1983 the legislature amended the definition of a vehicle under section 316.003(64), by removing the specific exclusion of bicycles, thereby including them in the definition....

...o be in distress]. Give if applicable crime charged is a violation of Fla. Stat. § 316.6135 (4) 4. In so doing, (defendant) caused [great bodily harm] [a permanent disability] [permanent disfigurement] was caused to (victim). Definition. Fla. Stat. § 316.003 (21)....

...tance each other, or the operation of one or more motor vehicles to the same point, for the purpose of comparing the relative speeds or power of acceleration of such motor vehicle or motor vehicles within a certain distance or time limit. Fla. Stat. § 316.003 (21)....

...distance driving routes. A race may be prearranged or may occur through a competitive response to conduct on the part of one or more drivers which, under the totality of circumstances, can reasonably be interpreted as a challenge to race. Fla. Stat. § 316.003 (^2)....

...for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or more separate roadways, the term roadway as used herein refers to any such roadway *779 separately, but not to all such roadways collectively. Fla. Stat. § 316.003 (53)....

...The cautionary instruction was designed to protect the School Board from the imposition of a higher standard than the law required. The instruction based on section 316.125(1), Florida Statutes (1989), was properly given. The tricycle was a "bicycle" within the meaning of section 316.003(2), Florida Statutes (1989). A bicycle is a "vehicle" under Chapter 316. § 316.003(2), (75), Fla....

...er vehicle. § 316.2065(1), Fla. Stat. (1989). The instruction based on section 316.130(8), Florida Statutes (1989), should not have been given *1224 because Jamie was not a "pedestrian," defined as "[a]ny person afoot," at the time of the accident. § 316.003(28), Fla....

...ses, tow motors and other motorized vehicles. A golf cart clearly falls within the definition of a "motor vehicle." The American Heritage Dictionary defines "motor vehicle" *983 as "Any self-propelled, wheeled conveyance that does not run on rails." Section 316.003(21), Florida Statutes (1981) defines a motor vehicle as follows: Motor Vehicle — Any vehicle which is self propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, but not including any bicycle or moped as defined in subsection (2)....

...tions 627.730-627.741, Florida Statutes (1981). Therefore, as stated previously, the only question is whether a moped is a self-propelled vehicle. The Link court answered this question in the negative, finding that a moped is a bicycle as defined in section 316.003(2), Florida Statutes (1981), [2] and not a vehicle as defined in section 316.003(64)....

...We note that the legislature has addressed mopeds under various laws dealing with bicycles, [4] motor vehicles, [5] and motorcycles, [6] giving them characteristics of each group. For purposes of the Florida Automobile Reparations Reform Act, however, we find that section 627.732(1), by its reference to section 316.003(2), unambiguously defines mopeds as bicycles....

...NOTES [1] Section 627.732(1), Florida Statutes (1981), reads as follows: "Motor vehicle" means any self-propelled vehicle which is of a type both designed and required to be licensed for use on the highways of this state except mopeds, as defined in s. 316.003(2)... . [2] Section 316.003(2), Florida Statutes (1982), reads as follows: BICYCLE....

...of 1 1/2 brake horsepower, upon which any person may ride, having two tandem wheels, either of which is 20 inches or more in diameter, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels. [3] Section 316.003(64), Florida Statutes (1981), reads as follows: VEHICLE....

...Accordingly, traditional and non-traditional reckless driving are set out as separate elements with an italicized instruction to give the appropriate element depending on what offense is charged. The definition of “vehicle” is amended to delete the reference to “bicycles” and “mopeds,” citing section 316.003(75), Florida Statutes (2012)....

...“Willful” means intentionally, knowingly and purposely. “Wanton” means with a conscious and intentional indifference to consequences and with knowledge that damage is likely to be done to persons or property. Optional-Definitions.- Fla. Stat. § 316.003 (75)....

...“Serious bodily injury” means an injury to another person which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ. Give if applicable. Fla. Stat. § 316.003 (21)....

...dered to stop by a duly authorized law enforcement officer, either willfully refused or failed to stop the vehicle in compliance with the order or having stopped the vehicle, willfully fled in a vehicle in an attempt to elude the officer. Fla. Stat. § 316.003 (53)....

...Definitions._ § 322.01{2S)(27X_ Fla. Stat. “Motor vehicle” means any self-propelled vehicle, including a motor vehicle combination, not operated upon rails or guideway, excluding vehicles moved solely by human power, motorized wheelchairs, and motorized bicycles as defined in § 316.003, Fla.Stat....

...You are permitted to conclude that (defendant’s) driving privilege had been previously suspended for a prior refusal to submit to a lawful test of [his][her][breath][blood][urine] if a record from the Department of Highway Safety and Motor Vehicles shows such a suspension. Definitions. § 316.003(21) Fla....

...She argued that section 322.03(1) does not provide a clear meaning of the conduct which is prohibited by statute, *1128 thereby rendering it unconstitutionally vague. At the hearing on the motion to dismiss, appellee argued that a motor vehicle, which is defined in section 316.003(21), Florida Statutes, specifically excludes bicycles and mopeds from the definition....

...Section 322.01(26), Florida Statutes (2001), defines "motor vehicle" as follows: "Motor vehicle" means any self-propelled vehicle, including a motor vehicle combination, not operated upon rails or guideway, excluding vehicles moved solely by human power, motorized wheelchairs, and motorized bicycles as defined in s. 316.003....

...Criterion Insurance Company, 461 So.2d 1348 (Fla. 1984) and State Farm Mutual Automobile Insurance Company v. Link, 416 So.2d 875 (Fla. 5th DCA 1982). We also found in Prinzo that the definitions provided under the No-Fault Act (section 627.732(1)), the Traffic Control Law (section 316.003(2) and (21)), the Motor Vehicle Licenses Law (section 320.21(1)) and the Financial Responsibility Law (section 324.021(1)) should be read in pari materia, which compels the conclusion that the legislature did not intend to characterize a moped as a motor vehicle or self-propelled vehicle....

...and "van." [21] In response, Plaintiff contends that his 15 passenger vehicle is a bus pursuant to both state and federal law. [22] *1299 Specifically, Plaintiff contends that his vehicle falls within the statutory definitions of "bus" in Fla. Stat. § 316.003(3) and 49 U.S.C....

...Gov't of Nashville & Davidson County, ___ U.S. ___, 129 S.Ct. 846, 850, 172 L.Ed.2d 650 (2009) (A term that is undefined in a statute bears its ordinary meaning). [21] The Commission concedes that the 15 passenger vehicle falls within the definition of bus in Fla. Stat. § 316.003(3), which provides that "[a]ny motor vehicle designed for carrying more than 10 passengers and used for the transportation of persons and any motor vehicle, other than a taxicab, designed and used for the transportation of persons for comp...

...That is, the Commission fails to explain why the fifteen-passenger vehicle, even when operating in Hillsborough County, cannot be both a "van" for purposes of Special Act and a "bus" for purposes of the Florida Uniform Traffic Control Act, pursuant to Fla. Stat. § 316.003(3)....

...The breaking point is based on passenger capacity. Buses of less than 38 passenger capacity pay the $10 user fee. A bus is defined by the Florida Legislature for traffic control purposes as any motor vehicle with a capacity of 10 passengers or more § 316.003(3), Florida Statutes, 1989....

...STAT. INS. NO. None Attempt 777.04(1) 5.1 Comments As of February 2018, it was undecided whether the courts would use the definitions of “driver” and “vehicle” in § 316.003, Florida Statutes, for this crime. This instruction was adopted in 2018. - 14 -  13.5 TRESPASS ON SCHOOL PROPERTY WITH A [FIREARM] [WEAPON] § 810.095(1), Fla....

...89). That statute applies to nonpublic-sector buses, a term which essentially encompasses all buses carrying persons for compensation, other than those owned or operated by governmental units or certain governmentally related nonprofit corporations. § 316.003(78), Fla....

...h the color and identification requirements of chapter 234 and is used to transport children to or from school or in connection with school activities, but not including buses operated by common carriers in urban transportation of school children. " § 316.003(45), Fla....

...320.0848 or a license plate issued under s. 320.084, s. 320.0842, s. 320.0843, or s. 320.0845, and the vehicle is transporting the person to whom the displayed permit is issued. Fla. Stat. § 316.1955 (1). Florida Statutes define the terms “stop,” “stand,” and “park.” Id. § 316.003....

...To “park” is defined as “[t]he standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers as may be permitted by law under this chapter.” Id. § 316.003(27)....

...To “stand” is defined as “[t]he halting of a vehicle, whether occupied or not, otherwise than temporarily, for the purpose of, and while actually engaged in, receiving or discharging passengers, as may be permitted by law under this chapter.” Id. § 316.003(49)....

...And to “stop” is, “[w]hen prohibited, any halting, even momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or to comply with the directions of a law enforcement officer or traffic control sign or signal.” Id. § 316.003(52)....

...“Official traffic control devices include: “[a]ll signs, signals, markings, and devices, not inconsistent with this chapter, placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning, or guiding traffic.” Id. § 316.003(23)....

...g a sidewalk or sidewalk area to enter an adjacent highway. *1078 Section 316.125 does not define- sidewalk or sidewalk area, but definitions, of pertinent words and phrases used in the various sections of chapter 316, Florida Statutes, are found in section 316.003 and those words and phrases “shall have the meanings respectively ascribed to them in this section, except where the context otherwise requires.” § 316.003, . Fla. Stat. (2013). The word “sidewalk” is defined as “[tjhat portion of a street between the curbline, or the lateral line, of a roadway and the adjacent property lines, intended for use by pedestrians.” § 316.003(47), Fla....

...TORPY, C.J., concurs and concurs specially, with opinion. . The term "business district" is defined as "[t]he territory contiguous to, and including, a highway when 50 percent or more of the frontage thereon, for a distance of 300 feet or more, is occupied by buildings in use for business.” § 316.003(4), Fla....

...The new wording refers to any self-propelled vehicle which can be used on the highways. This category includes ATVs, ditchdiggers and cranes which at times traverse the highways. Chapter 316 defines this category of vehicle as "special mobile equipment" not designed primarily for transportation or for use on the highway. § 316.003(48), Fla....

...the defendant was accompanied in the vehicle by a person under the age of 18 years at the time of the dDriving under the iInfluence. -6-  Definitions. Give as applicable. § 316.003(75), Fla....

...control of] the vehicle. b. the defendant was accompanied in the vehicle by a person under the age of 18 years at the time of the dDriving under the iInfluence. Definitions. Give as applicable. § 316.003(75), Fla....

...the defendant was accompanied in the vehicle by a person under the age of 18 years at the time of the dDriving under the iInfluence. - 13 -  Definitions. Give as applicable. § 316.003(75), Fla....

...control of] the vehicle. b. the defendant was accompanied in the vehicle by a person under the age of 18 years at the time of the dDriving under the iInfluence. Definitions. Give as applicable. § 316.003(75), Fla....

...kates] [in-line skates] [a horse-drawn carriage] [an electric personal assistive mobility device] [a wheelchair] on [a public right-of-way] [crosswalk] [shoulder of the roadway]]. Definitions. Give as applicable. Fla. Stat. § 316.003(75). § 316.003(75), Fla....

...dical treatment. Patterson v. State, 512 So. 2d 1109 (Fla. 1stst DCA 1987). “Willfully” means knowingly, intentionally and purposely. If the “vulnerable road user” enhancement is given, insert applicable definitions from § 316.003, Fla....

...[her] name and address and the registration number of the vehicle [he] [she] was driving, and, without unnecessary delay, notify the nearest office of a duly authorized police authority. § 316.003(75), Fla....

...�s license or permit to drive. - 28 -  “Reasonable assistance” includes carrying or making arrangement to carry the injured person to a physician or hospital for medical treatment. Fla. Stat. § 316.003(75), Fla....

...Fla. Stat. § 316.062(1), Fla. Stat. “Identifying information” means the name, address, vehicle registration number, and, if available and requested, the exhibition of the defendant’s license or permit to drive. Fla. Stat. § 316.003(75), Fla....

...number, and, if available and requested, the exhibition of the defendant’s license or permit to drive. “Reasonable assistance” includes carrying or making arrangement to carry the injured person to a physician or hospital for medical treatment. Fla. Stat. § 316.003(75), Fla....

...Fla. Stat. § 316.062(1), Fla. Stat. “Identifying information” means the name, address, vehicle registration number, and, if available and requested, the exhibition of the defendant’s license or permit to drive. Fla. Stat. § 316.003(75), Fla....

...the authority issuing such permit and for the maintenance of which the authority is responsible. The permit shall describe the vehicle or vehicles and load to be operated or moved and the highways for which the permit is requested. (Emphasis added). Section 316.003(25), Florida Statutes (1989), defines the term "operator" as used in chapter 316 to mean, "Any person who is in actual physical control of a motor vehicle upon the highway, or who is exercising control over or steering a vehicle being towed by a motor vehicle." Section 316.003(29), Florida Statutes (1989), defines the term "person" as, "Any natural person, firm, copartnership, association, or corporation." Reading these provisions in pari materia, we construe section 316.550 as meaning the person who is the...

...on 316.123. The reasonable inference from this evidence is that the brief illumination of the brake lights suggests Kent’s vehicle merely slowed—a rolling stop—rather than coming to a “complete cessation from movement” at the stop sign. § 316.003(84), Fla....

...the trial court to determine damages and for entry of a judgment in favor of Abreu. We affirm the denial of Lloyd's' motion to dismiss for lack of prosecution. AFFIRMED IN PART; REVERSED IN PART AND REMANDED. NOTES [*] Specifically, Lloyd's cites to § 316.003(53), Fla....

...Any notification under s. 316.0083(l)(b) or traffic citation issued by the use of a traffic infraction detector must include a photograph or other recorded image showing both the license tag of the offending vehicle and the traffic control device being violated. § 316.003(87), Fla....

...� that term is defined by Florida's motor vehicle traffic laws to include: The entire width between the boundary lines of every way or place of whatever nature when any part thereof is open to the use of the public for purposes of vehicular traffic. § 316.003(53)(a), Fla....

...the defendant was accompanied in the vehicle by a person under the age of 18 years at the time of the dDriving under the iInfluence. -6-  Definitions. Give as applicable. § 316.003(95), Fla....

...of a fire, rescue operation, or other emergency]. 6.5. (Defendant) willfully failed to obey [or] [willfully refused to comply] with the [order] [or] [direction] given. Definitions. Give as applicable. § 316.003(95), Fla....

...property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. Patterson v. State, 512 So. 2d 1109 (Fla. 1stst DCA 1987). “Willfully” means intentionally, knowingly, and purposely. § 316.003(2), Fla....

...Thus, the narrow issue before us is whether the vehicles owned by Crane are motor vehicles as defined by law, and thus exempt from ad valorem taxation. In looking to a legislative definition of motor vehicle, we find that the term is defined in numerous places throughout the Florida Statutes. See § 316.003(21), Fla. Stat. (1985) ("motor vehicle" is "[a]ny vehicle which is self-propelled ..."; § 316.003(76), Fla....

...the roads of this state, used to transport persons or property, and propelled by power other than muscular power, but the term does not include traction engines, road rollers, such vehicles as run only upon a track, bicycles, or mopeds as defined in s. 316.003(2)....

...oving equipment. The term does not include house trailers, dump trucks, truck-mounted transit mixers, cranes or shovels, or other vehicles designed for the transportation of persons or property to which machinery has been attached. [Emphasis added]. § 316.003(49), Fla....

...the roads of this state, used to transport persons or property, and propelled by power other than muscular power, but the term does not include traction engines, road rollers, such vehicles as run only upon a track, bicycles, or mopeds as defined in s. 316.003(2)....

...emand with instructions that it be reinstated. Reversed and remanded. FULMER, A.C.J., and STRINGER, J., Concur. NOTES [1] The order erroneously states that the trial court was granting a motion to suppress. [2] Traffic control devices are defined in section 316.003(16), Florida Statutes (2000), as follows: "All signs, signals, markings, and devices, not inconsistent with this chapter, placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, w...

...Section 324.021(9)(a), Florida Statutes (2005), defines “owner” as the “person who holds the legal title of a motor vehicle.” (Emphasis added). Two of the so-called exceptions to title holder liability addressed by the courts have also been addressed by statute in the Florida Uniform Traffic Control Law. See § 316.003(26), Fla....

...If the answer to this case involved the application of the statutory scheme, with *139 out more, it would be easy. Because Ap-pellee never transferred title of the vehicle in accordance with section 319.22(2), Florida Statutes (2005), and was not a conditional sale vendor as set forth in section 316.003(26), Florida Statutes (2005), 5 he remained a co-owner of the car by virtue of holding legal title at the time of the collision....

...tains title as security for payment. This exception is now embodied in the statutory definition of "owner,” which makes clear that, in the case of a conditional sales agreement, the contract "vendee,” not the “vendor,” is deemed the "owner." § 316.003(26), Fla....

use as the previously approved drug.” 21 C.F.R. § 316.3(b)(14)(i). “Moiety,” in this context, means the

2 Section 322.01(8), F.S. 3 Section 316.003(66)(b), F.S. 4 Section 316.003(3), F.S. 5 Section 316.615(1)(b)

...rdinance is ‘expressly authorized’ by the statutes.” Masone, 147 So.3d at 496 -97 (citing § 316.007, Fla. Stat.). We hold that the local governments’ requirements to wear a vest is a matter covered by chapter 316 and is expressly preempted. Section 316.003, Florida Statutes, contains ninety-three definitions applicable to chapter 316. In section 316.003(77), a moped is defined as a vehicle which has a seat or saddle, has less than two brake horsepower and is not capable of greater than 30 mile per hour speed, has pedals, and has an engine less than 60 cubic centimeters. In section 316.003(21), a motor vehicle is defined to specifically exclude bicycles, motorized scooters, and mopeds. In section 316.003(22), a motorcycle is defined as á vehicle which has a seat or saddle and has no more than three wheels. The definition of a motorcycle has no mention' of minimum miles per hour, horsepower, or engine size. In section 316.003(82), motorized scooter is defined as a vehicle having no seat or saddle and not capable of exceeding 30 mile per hour speed. In section 316.003(76), vehicle is defined as every device in, upon, or by which any person may be transported on a highway....

...With the exception of mopeds and the four-wheeled vehicles defined as motor scooters or scooters under the Panama City Beach Code, all other of these vehicles, whether called motor scooters, motorscooters, or scooters by the local governments, are motorcycles under chapter 316. § 316.003(22), Fla. Stat. The four-wheeled vehicle called a motorscooter,. or scooter under the Panama City Beach Code is a motor vehicle under Florida law. See § 316.003(21), Fla....

Stat. 3 Section 316.614(5), Fla. Stat. 4 Section 316.003(21), Fla. Stat. 5 Section 316.614(3)(a), Fla

the "Florida Uniform Traffic Control Law." 8 Section 316.003(75), Fla. Stat. (1993). 9 See, Webster's New

...and still defines "motor vehicle" as "any self-propelled vehicle, including a motor vehicle combination, not operated upon rails or guideway, excluding vehicles moved solely by human power, motorized wheelchairs, and motorized bicycles as defined in s. 316.003 ." Section 322.03 (1), Florida Statutes, provides that except as authorized in Chapter 322 , Florida Statutes, "a person may not drive any motor vehicle upon a highway in this state unless such person has a valid driver's license under the...

...4 Section 316.1995 , Florida Statutes, provides that "[n]o person shall drive any vehicle other than by human power upon a bicycle path, sidewalk, or sidewalk area, except upon a permanent or duly authorized temporary driveway. . . ." (e.s.) As noted above, section 316.003 (21), Florida Statutes, excludes motorized scooters from the definition of "motor vehicle" for purposes of Chapter 316. Motorized scooters, however, are not exempted from the definition of "vehicle" in section 316.003 (75), Florida Statutes, which defines that term as "[e]very device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks." Thus, motorized scooters appear to be prohibited from operating on sidewalks....

...sportation to prohibit such devices on roads within their jurisdiction when such a prohibition is necessary in the interests of safety. These provisions, however, relate only to electric personal assistive mobility devices as that term is defined in section 316.003 (83), Florida Statutes....

...In light of the lack of consistency in the way these issues are treated in the Florida Statutes, I would suggest that the Legislature reexamine this area of the law. Sincerely, Charlie Crist Attorney General CC/tjw 1 See, e.g., State v. Riley , 698 So.2d 374 (Fla. 2d DCA 1997). And see, s. 316.003 (82), Fla....

...of that way or place is open to public use for purposes of vehicular traffic." 3 See , s. 320.01 (1)(a), Fla. Stat. And see , s. 320.01 (1)(b), Fla. Stat. 4 See , the department's webpage at: http:www.fhp.state.fl.us/html/FAQ/fhpfaqsa.html. 5 See , s. 316.003 (83), Fla....

...Department of Administration, Division of Retirement, 580 So.2d 641 , 642 (Fla. 1st DCA 1991), approved, 595 So.2d 42 (Fla. 1992) (general rule is that in cases of conflicting statutory provisions, latter expression of Legislature will prevail over former). And see , s. 316.003 (83), Fla. Stat., defining electric personal assistive mobility device and stating that such devices are not vehicles as defined in s. 316.003 .

REFER TO ANY `BUS' AS THAT TERM IS DEFINED IN SECTION 316.003(3), F.S., OR ONLY TO A `SCHOOL' BUS AS THE

...eement shall take effect prior to October 1 (the beginning of the county's fiscal year), unless the requirement is waived in writing by the sheriff. 10 See ss. 316.006 (2)(b)3. and 316.006(3)(b)4., Fla. Stat. 11 Section 316.008 (1)(a), Fla. Stat. 12 Section 316.003 (53)(b), Fla....

loading or unloading merchandise or passengers.” § 316.003(55), (82), (84), Fla. Stat. (2022).

...We affirm the conviction for grand theft and the sentence imposed. The trial court did not err in finding that the property taken, a moped over 5 brake horsepower, is a motor vehicle as defined in section 322.- *758 01(2), Florida Statutes (1985), and not a moped as defined in section 316.003(2), Florida Statutes (1985)....

...LeCroy, supra. Indeed, this vehicle, unlike the ones in Womack and LeCroy, supra, has a steering wheel rather than handlebars. Although the appellant urges that we adopt the definition of motorcycle employed in the Florida Traffic Control Law, F.S. § 316.003(22) (any motor vehicle ....

...was unconstitutional as applied to short-term vehicle renters because "the unequal statutory treatment of short-term automobile renters bears no rational relationship to a legitimate state purpose." 185 So. 3d at 1236. -5- § 316.003(87)....

...e ordinary meaning of a term. See Green v. State, 604 So. 2d 471, 473 (Fla. 1992). Here, we have no reason to believe that the term "traffic" bears some other relevant ordinary meaning that is not revealed by these dictionary definitions. See, e.g., § 316.003(57), Fla....

...wheel locking mechanism had been broken or bypassed, unless satisfactorily explained, gives rise to an inference that the person in possession of the stolen motor vehicle knew or should have known that the motor vehicle had been stolen. Definitions. Give if applicable. § 316.003, Fla....

...vehicle’s rear license plate is obscured, the toll is assessed against the trailer owner, rather than the vehicle owner, as the trailer’s rear license plate remains visible. Tropical Trailer sued the Department for erroneously interpreting sections 316.003(21) and 316.1001, Florida Statutes (2010), to authorize the Department to assess tolls against the trailer owner, instead of the owner of the vehicle towing the trailer. Tropical Trailer asserted that its trailers were not “motor vehicles” within the meaning of section 316.003(21), and that the Department should have charged the vehicle owner the toll pursuant to section 316.1001, because the vehicle owner was the “person” who “used” the toll road....

...Class A -- DAMAGES AND INJUNCTIVE RELIEF: All trailer owners whose trailer license tag was used by [the Department] between 10/14/10 and 6/30/12[1] to charge a toll in any amount. 1 Tropical Trailer argued that an amendment to section 316.003(21), Florida Statutes (2011), which became effective on July 1, 2012, redefined “motor vehicle” to include “trailers.” Ch. 2012-174, Laws of Fla.; see § 316.003(21), Fla. Stat....

...We also note that the Florida legislature has defined “motor vehicle” as “any vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, but not including any bicycle or moped_” See Fla.Stat.Ann. § 316.003(21)....

...Florida, 453 So.2d 870, 870-71 (Fla. 2d DCA 1984). “Vehicle” is defined as: “[e]very device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.” Fla. Stat.Ann. § 316.003(76)....

316.072(5)(b) and (c), F. S. (1976 Supp.). Section 316.003(1), F. S. (1976 Supp.), defines "authorized

...must meet all safety requirements imposed on "motor vehicles" pursuant to Ch. 316 , F.S. For the following reasons, it is my opinion that any four-wheeled "ATV" is to be considered a "motor vehicle" for purposes of Ch. 316 , F.S. Subsection (76) of s. 316.003 , F.S., defines "vehicle" as: Every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. Section 316.003 (21) provides that, for purposes of Ch....

...by electric power obtained from overhead trolley wires, but not operated upon rails, but not including any bicycle or moped as defined in subsection (2). (e.s.) A four-wheeled "ATV" does not fit within the definition of bicycle or moped supplied by s. 316.003 (2): BICYCLE....

...The term does not include such a vehicle with a seat height of no more than 25 inches from the ground when the seat is adjusted to its highest position or a scooter or similar device. (e.s.) Neither does a four-wheeled "ATV" fit within the definition of "motorcycle" contained in subsection (22) of s. 316.003 : Any motor vehicle powered by a motor with a displacement of more than 50 cubic centimeters, having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor....

...(e.s.) Contrast also, subsection (12) of the same statute, defining "farm tractor." Moreover, my research did not reveal any other definition or provision of Ch. 316 which gives a four-wheeled "ATV" special consideration. In view of the above definitions and the express terms of subsection (21) of s. 316.003 , it is apparent that a four-wheeled "ATV" is to be considered a "motor vehicle" for purposes of Ch....

discussed throughout the chapter. See, e.g., id. § 316.003(28) (defining pedestrian); id. § 316.130 (describing

...Authorized emergency vehicle. If you find (defendant) guilty of burglary, you must also determine if the State has proved beyond a reasonable doubt whether the conveyance [entered] [remained in] was an authorized emergency vehicle. Definition. See § 316.003(1), Fla....

....01(26) defines a "motor vehicle" as "any self-propelled vehicle, including a motor vehicle combination, not operated upon rails or guideway, excluding vehicles moved solely by human power, motorized wheelchairs, and motorized bicycles as defined in s. 316.003." A motorized bicycle is defined, in part, as a vehicle not capable of exceeding a speed of twenty miles per hour. § 316.003(2), Fla....

...Manchado did not allege that the vehicle fell within the exception for motorized bicycles. A motorized bicycle by definition is not capable of exceeding a speed of twenty miles per hour, whereas here it was alleged that the vehicle could not exceed thirty miles per hour. § 316.003(2), Fla....

provisions of chapters 320 or 322, F.S. (e.s) 2 Section 316.003(32), Fla. Stat. (1993), defines "POLICE OFFICER"

...o or more sequenced photographic or electronic images or streaming video of only the rear of a motor vehicle at the time the vehicle fails to stop behind the stop bar or clearly marked stop line when facing a traffic control signal steady red light. § 316.003(87), Fla....

...ered owner of the motor vehicle involved in the violation of s. 316.074(1) or s. 316.075(1)(c)1. § 316.0083(1)(a), Fla. Stat. (2014). Under the statute, the review contemplated is "of information from a traffic infraction detector," id. , which, as section 316.003(87) makes clear, consists of "photographic or electronic images or streaming video." Id. § 316.003(87)....

percent or higher.] Definitions Give as applicable F.S. 316.003(76) “Vehicle” is any device, in, upon, or by

Stat. 4 Id. 5 Section 316.069, Fla. Stat. 6 Section 316.003(85), Fla. Stat., defines "victim services programs"

...such street subjected to all necessary controls applicable to public streets). 3 See, AGO's 73-323 and 72-383. 4 See, AGO's 86-59 and 83-84. 5 See, WHEREAS clauses, Ch. 87-88, Laws of Florida. 6 Chapters 87-88 and 87-178, Laws of Florida. 7 And see, s. 316.003 (33), F.S., excluding the provisions of s. 316.003 (53)(b), F.S., from the definition of "private road or driveway." Section 316.003 (53)(b), F.S., includes within the definition of "street or highway": The entire width between the boundary lines of any privately owned way or place used for vehicular travel by the owner and those having express or implied permissio...

...316.006 (2)(b)2., F.S., which provides that "[t]he exercise of jurisdiction provided for herein shall be in addition to jurisdictional authority presently exercised by municipalities under law. . . ." 9 Section 4, Ch. 87-88, Laws of Florida. 10 And see, s. 316.003 (53)(d), F.S., including within the definition of "street or highway" "[a]ny way or place used for vehicular traffic on a controlled access basis within a mobile home park recreation district which has been created under s....

...ry, sickness or disease, including death, resulting therefrom. Although the legislature neglected to define motor vehicle under this section, we find that the definitions provided under the No-Fault Act (section 627.732(1)), the Traffic Control Law (section 316.003(2) and (21)), the Motor Vehicle Licenses Law (section 320.01(1)) and the Financial Responsibility Law (section 324.021(1)) should be read in pari materia, which compels the conclusion that the legislature did not intend to characterize a moped as a motor vehicle or self-propelled vehicle....

of traffic upon the streets and highways." Section 316.003(20), F. S., defines "local authorities" to

necessity for adoption of the statute. 4 Id. 5 Section 316.003(85), Fla. Stat., defines "victim services programs"

...We agree with appellant that the trial court incorrectly charged the jury in this case that a violation of section 316.194(1), Florida Statutes (2000), was evidence of negligence. That section was not applicable to the vehicle maneuver here at issue, since appellant did not “stop” his vehicle within the meaning of section 316.003(52), Florida Statutes (2000)....

...* * * (3)(a) COUNTIES. — Counties shall have original jurisdiction over all streets and highways located within their boundaries, except all state roads and those streets and highways specified in subsection (2). . . ." 5 (e.s.) "STATE ROAD" is defined by section 316.003 (50), Florida Statutes, as "[a]ny highway designated as a state-maintained road by the Department of Transportation." 6 In setting forth the powers of local authorities, section 316.008 , Florida Statutes, recognizes that local author...

...3 Section 316.007 , Fla. Stat. 4 See, e.g., Ops. Att'y Gen. Fla. 98-62 and 98-15 (1998). 5 Subsection (2) of s. 316.006 , Fla. Stat., gives original jurisdiction to municipalities over streets and highways, except state roads, located within their boundaries. 6 See, s. 316.003 (53)(a), Fla....

expressly preempted to the state by general law. 3 Section 316.003(57), Fla. Stat. 4 See, s. 316.003(42) and (53)

Worth Road is a six-lane, divided highway. See § 316.003(53)(a), Fla. Stat. (1999). A raised concrete median

...-  If the State proves that the defendant willfully failed to give any part of the “identifying information” or willfully failed to give reasonable assistance, the State satisfies this element of the offense. Definitions. Fla. Stat. § 316.003(75). A “vehicle” is every device, in, upon, or by which any person or property is, or may be, transported or drawn upon a highway, except devices used exclusively upon stationary rails or tracks. “Identifying informatio...

...attempt to elude the officer. Definitions. “Operator” means any person who is in actual physical control of a motor vehicle upon the highway [or who is exercising control over or steering a vehicle being towed by a motor vehicle]. Fla. Stat. § 316.003(53) “Street or highway” means the entire width between boundary lines of every way or place of whatever nature when any part thereof is open to the public for purposes of vehicular traffic. Fla. Stat. § 316.003(75) “Vehicle” means every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. Patterson v....

...activated. Definitions. “Operator” means any person who is in actual physical control of a motor vehicle upon the highway [or who is exercising control over or steering a vehicle being towed by a motor vehicle]. Fla. Stat. § 316.003(53) “Street or highway” means the entire width between boundary lines of every way or place of whatever nature when any part thereof is open to the public for purposes of vehicular traffic. Fla. Stat. § 316.003(75) “Vehicle” means every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. Patterson v....

...or property. Definitions. “Operator” means any person who is in actual physical control of a motor vehicle upon the highway [or who is exercising control over or steering a vehicle being towed by a motor vehicle]. Fla. Stat. § 316.003(53) “Street or highway” means the entire width between boundary lines of every way or place of whatever nature when any part thereof is open to the public for purposes of vehicular traffic. Fla. Stat. § 316.003(75) “Vehicle” means every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. - 10 -  Patterson v....

...] [her] vehicle]. Definitions. “Operator” means any person who is in actual physical control of a motor vehicle upon the highway [or who is exercising control over or steering a vehicle being towed by a motor vehicle]. Fla. Stat. § 316.003(53) “Street or highway” means the entire width between boundary lines of every way or place of whatever nature when any part thereof is open to the public for purposes of vehicular traffic. Fla. Stat. § 316.003(75) “Vehicle” means every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. Patterson v....

...number, and, if available and requested, the exhibition of the defendant’s license or permit to drive. “Reasonable assistance” includes carrying or making arrangement to carry the injured person to a physician or hospital for medical treatment. Fla. Stat. § 316.003(75) “Vehicle” means every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. Les...

...- 17 -  Fla. Stat. § 316.062(1). “Identifying information” means the name, address, vehicle registration number, and, if available and requested, the exhibition of the defendant’s license or permit to drive. Fla. Stat. § 316.003(75) “Vehicle” means every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. Less...

...number, and, if available and requested, the exhibition of the defendant’s license or permit to drive. “Reasonable assistance” includes carrying or making arrangement to carry the injured person to a physician or hospital for medical treatment. Fla. Stat. § 316.003(75) “Vehicle” means every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks....

...1st DCA 1987) “Willfully” means intentionally, knowingly, and purposely. Fla. Stat. § 316.062(1) “Identifying information” means the name, address, vehicle registration number, and, if available and requested, the exhibition of the defendant’s license or permit to drive. Fla. Stat. § 316.003(75) “Vehicle” means every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. Less...

...ene of a fire, rescue operation, or other emergency]. 6. (Defendant) willfully failed to obey [or] [willfully refused to comply] with the [order] [or] [direction] given. Definitions. Give as applicable. § 316.003(75), Fla....

...property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. Patterson v. State, 512 So. 2d 1109 (Fla. 1st DCA 1987). “Willfully” means intentionally, knowingly, and purposely. § 316.003(2), Fla....

...had no authority to assess tolls against Tropical Trailer’s non-self-propelled vehicles. This is based on section 316.110(2)(c), which specifies that the “owner of the motor vehicle involved in the violation is responsible and liable for payment . . . .” The pre-2012 version of section 316.003 defined “motor vehicle” as “(21) Motor vehicle.--Any self-propelled vehicle not operated upon rails or guideway, but not including any bicycle, motorized scooter, electric personal assistive mobility device, or moped.” As the trailers were not self-propelled, they could not be assessed any toll under the pre-2012 statute. 4  In 2012, however, the legislature amended section 316.003(21), defining “motor vehicle” as: (21) Motor vehicle.--Except when used in s....

...316.1001, any self- propelled vehicle not operated upon rails or guideway, but not including any bicycle, motorized scooter, electric personal assistive mobility device, or moped. For purposes of s. 316.1001, “motor vehicle” has the same meaning as in s. 320.01(1)(a). § 316.003(21), Fla. Stat. (2012) (emphasis added) (Ch. 2012-111, § 2, Laws of Fla., eff. July 1, 2012, to Dec 31, 2012) (currently renumbered as § 316.003(40))....

...Section 320.01(1)(a), in turn, provides: (1) “Motor vehicle” means: (a) An automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer combination, or any other vehicle operated on the roads of this state . . . . The 2012 amendment to the section 316.003(21) definition arguably created an ambiguity between the requirements in section 316.1001, requiring payment from the registered owner of the motor vehicle committing the toll violation, and the now- undefined responsible party for...

...st Tropical Trailer’s non-self-propelled vehicles. This is based on section 316.110(2)(c), which specifies that the “owner of the motor vehicle involved in the violation is responsible and liable for payment . . . .” The pre-2012 version of section 316.003 defined “motor vehicle” as “(21) Motor vehicle.--Any self-propelled vehicle not operated upon rails or guideway, but not including any bicycle, motorized scooter, electric personal assistive 4 mobility device, or moped.” As the trailers were not self-propelled, they could not be assessed any toll under the pre-2012 statute. In 2012, however, the legislature amended section 316.003(21), defining “motor vehicle” as: (21) Motor vehicle.--Except when used in s....

...316.1001, any self- propelled vehicle not operated upon rails or guideway, but not including any bicycle, motorized scooter, electric personal assistive mobility device, or moped. For purposes of s. 316.1001, “motor vehicle” has the same meaning as in s. 320.01(1)(a). § 316.003(21), Fla. Stat. (2012) (emphasis added) (Ch. 2012-111, § 2, Laws of Fla., eff. July 1, 2012, to Dec 31, 2012) (currently renumbered as § 316.003(40)). Section 320.01(1)(a), in turn, provides: (1) “Motor vehicle” means: (a) An automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer combination, or any other vehicle operated on the roads of this state . . . . The 2012 amendment to the section 316.003(21) definition arguably created an ambiguity between the requirements in section 316.1001, requiring payment from the registered owner of the motor vehicle committing the toll violation, and the now-undefined responsible party for...

...pellant claims the trial court erred in finding that section 316.238, Florida Statutes (1985), requires that the two vehicles be on the same roadway at the time of the infraction. We disagree and affirm the trial court in its conclusion that reading section 316.003(43), Florida Statutes (1985), with subsection (2) of section 316.238, Florida Statutes, does not require that the offending vehicle and the other *193 vehicle be on the same roadway for an infraction to occur....

...10 Section 334.01 , Fla. Stat., designates chapters 334-339, 341, 348, and 349 and ss. 332.003 - 332.007 , 351.35 , 351.36 , 351.37 , and 861.001, Fla. Stat., as the "Florida Transportation Code." 11 Section 334.03 (23), Fla. Stat. 12 Section 334.03 (31), Fla. Stat. 13 Section 316.003 (53), Fla....

as "commercial motor vehicles" pursuant to section 316.003(66), Florida Statutes, and issues registration

of Chapter 02-20, Laws of Florida, amends section 316.003(21) to define "motor vehicle" as "[a]ny self-propelled

...d scooters be characterized under Ch. 316 , F.S., for purposes of traffic and safety regulation? In sum: A motorized scooter powered by a gasoline engine with a maximum speed of 20 miles per hour may be characterized as a "motor vehicle" pursuant to s. 316.003 (21), F.S., and the drivers and operators of these scooters are subject to the provisions of Ch....

...ince the scooter has no seat or saddle for the rider's use. Therefore, it is my opinion that a motorized scooter powered by a gasoline engine with a maximum speed of 20 miles per hour would fall within the definition of a "motor vehicle" pursuant to s. 316.003 (21), F.S., and the operators of these scooters are subject to all the sections and provisions of Ch. 316 , F.S. governing vehicles and vehicular traffic. 4 Sincerely, Robert A. Butterworth Attorney General RAB/tgk 1 Section 316.003 (21), F.S. 2 Section 316.003 (2), F.S. 3 Section 316.003 (77), F.S....

or higher.] Definitions; give as applicable F.S. 316.003(75) “Vehicle” is any device in, upon, or by

insurance and indemnification by the party. 7 Section 316.003(53), F.S. 8 See, s. 316.2045(1), F.S., providing

...comment pertaining to the addition of the terms “personal delivery devices” and “mobile carriers” to the definition of “vehicle.” In response, the Committee added the following sentence to the italicized note preceding the definition from section 316.003(99), Florida Statutes (2018): “Some of these terms have their own statutory definitions, which should be given if necessary.” Both terms are further defined in section 316.003. See § 316.003(39); § 316.003(53), Fla....

...-7-  b. the defendant was accompanied in the vehicle by a person under the age of 18 years at the time of the Driving uUnder the Influence. Definitions. Give as applicable. § 316.003(959), Fla....

...Stat., as charged in information or indictment.) - 11 -  However, the State is not required to prove (defendant) knew that the accident resulted in injury or death. Definitions. Applicable only to Vehicular Homicide. § 316.003(42), Fla....

...§_316.6135(4), Fla. Stat. 4. In so doing, (defendant) caused [great bodily harm] [a permanent disability] [permanent disfigurement] to (victim). Definition. Fla. Stat. § 316.003(2142), Fla....

...“Motor vehicle” means a self-propelled vehicle not operated upon rails or guideway[, including a motorcycle, but not a bicycle, motorized scooter, electric personal assistive mobility device, mobile carrier, personal delivery device, swamp buggy, or moped]. § 316.003(99), Fla....

...the defendant was accompanied in the vehicle by a person under the age of 18 years at the time of the Driving uUnder the Influence. - 15 -  Definitions. Give as applicable. § 316.003(7599), Fla....

...control of] the vehicle. b. the defendant was accompanied in the vehicle by a person under the age of 18 years at the time of the Driving uUnder the Influence. Definitions. Give as applicable. § 316.003(75(99), Fla....

...control of] the vehicle. b. the defendant was accompanied in the vehicle by a person under the age of 18 years at the time of the Driving uUnder the Influence. Definitions. Give as applicable. § 316.003(75(99), Fla....

...control of] the vehicle. b. the defendant was accompanied in the vehicle by a person under the age of 18 years at the time of the Driving uUnder the Influence. Definitions. Give as applicable. § 316.003(7599), Fla....

...[a public right-of-way] [crosswalk] [shoulder of the roadway]]. Definitions. Gaulden v. State, 195 So. 3d 1123 (Fla. 2016). A vehicle is “involved in a crash” if it collides with another vehicle, person, or object. § 316.003(7599), Fla....

...medical treatment. Patterson v. State, 512 So. 2d 1109 (Fla. 1st DCA 1987). “Willfully” means knowingly, intentionally and purposely. If the “vulnerable road user” enhancement is given, insert applicable definitions from § 316.003, Fla....

...le, person, or object. § 316.062(1), Fla. Stat. “Identifying information” means the name, address, vehicle registration number, and if available and requested, the exhibition of the defendant’s license or permit to drive. § 316.003(7599), Fla....

...unnecessary delay, notify the nearest office of a duly authorized police authority. Gaulden v. State, 195 So. 3d 1123 (Fla. 2016). A vehicle is “involved in a crash” if it collides with another vehicle, person, or object. § 316.003(7599), Fla....

...1stst DCA 1989). “Willful” means intentionally, knowingly and purposely. “Wanton” means with a conscious and intentional indifference to consequences and with knowledge that damage is likely to be done to persons or property. Fla. Stat. § 316.003(7599), Fla....

...Stat. “Serious bodily injury” means an injury to another person which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ. Give if applicable. Fla. Stat. § 316.003(2142), Fla....

...stop by a duly authorized law enforcement officer, either willfully refused or failed to stop the vehicle in compliance with the order or having stopped the vehicle, willfully fled in a vehicle in an attempt to elude the officer. Fla. Stat. § 316.003(5381), Fla....

...outdistance each other, or the operation of one or more motor vehicles to the same point, for the purpose of comparing the relative speeds or power of acceleration of such motor vehicle or motor vehicles within a certain distance or time limit. Fla. Stat. § 316.003(2142), Fla....

...“Motor vehicle” means a self-propelled vehicle not operated upon rails or guideway[, including a motorcycle, but not a bicycle, motorized scooter, electric personal assistive mobility device, mobile carrier, personal delivery device, swamp buggy, or moped]. § 316.003(99), Fla....

...e driving routes. A race may be prearranged or may occur through a competitive response to conduct on the part of one or more drivers which, under the totality of circumstances, can reasonably be interpreted as a challenge to race. Fla. Stat. § 316.003(4268), Fla....

...ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or more separate roadways, the term roadway as used herein refers to any such roadway separately, but not to all such roadways collectively. Fla. Stat. § 316.003(5381), Fla....

...willfully refused or failed to stop the vehicle in compliance with the order b. having stopped the vehicle, willfully fled in a vehicle in an attempt to elude the officer. Definitions. - 42 -  § 316.003(48), Fla. Stat. “Operator” means any person who is in actual physical control of a motor vehicle upon the highway [or who is exercising control over or steering a vehicle being towed by a motor vehicle]. § 316.003(5381), Fla. Stat. “Street or highway” means the entire width between boundary lines of every way or place of whatever nature when any part thereof is open to the public for purposes of vehicular traffic. § 316.003(7599), Fla....

...The law enforcement officer was in an authorized law enforcement patrol vehicle with agency insignia and other jurisdictional markings prominently displayed on the vehicle and with siren and lights activated. Definitions. § 316.003(48), Fla....

...Stat. “Operator” means any person who is in actual physical control of a motor vehicle upon the highway [or who is exercising control over or steering a vehicle being towed by a motor vehicle]. - 44 -  § 316.003(5381), Fla. Stat. “Street or highway” means the entire width between boundary lines of every way or place of whatever nature when any part thereof is open to the public for purposes of vehicular traffic. § 316.003(7599), Fla....

...activated. 4. During the course of the fleeing or the attempt to elude, (defendant) drove at high speed or in any manner demonstrating a wanton disregard for the safety of persons or property. Definitions. § 316.003(48), Fla....

...Stat. “Operator” means any person who is in actual physical control of a motor vehicle upon the highway [or who is exercising control over or steering a vehicle being towed by a motor vehicle]. - 46 -  § 316.003(5381), Fla. Stat. “Street or highway” means the entire width between boundary lines of every way or place of whatever nature when any part thereof is open to the public for purposes of vehicular traffic. § 316.003(7599), Fla....

...[serious bodily injury to] [another person] [a law enforcement officer involved in pursuing or otherwise attempting to stop [his] [her] vehicle]. - 48 -  Definitions. § 316.003(48), Fla. Stat. “Operator” means any person who is in actual physical control of a motor vehicle upon the highway [or who is exercising control over or steering a vehicle being towed by a motor vehicle]. § 316.003(5381), Fla. Stat. “Street or highway” means the entire width between boundary lines of every way or place of whatever nature when any part thereof is open to the public for purposes of vehicular traffic. § 316.003(7599), Fla....

...number, and, if available and requested, the exhibition of the defendant’s license or permit to drive. “Reasonable assistance” includes carrying or making arrangement to carry the injured person to a physician or hospital for medical treatment. § 316.003(7599), Fla....

...1st DCA 1987). “Willfully” means intentionally, knowingly, and purposely. § 316.062(1), Fla. Stat. “Identifying information” means the name, address, vehicle registration number, and, if available and requested, the exhibition of the defendant’s license or permit to drive. § 316.003(7599), Fla....

...number, and, if available and requested, the exhibition of the defendant’s license or permit to drive. “Reasonable assistance” includes carrying or making arrangement to carry the injured person to a physician or hospital for medical treatment. § 316.003(7599), Fla....

...1st DCA 1987). “Willfully” means intentionally, knowingly, and purposely. § 316.062(1), Fla. Stat. “Identifying information” means the name, address, vehicle registration number, and, if available and requested, the exhibition of the defendant’s license or permit to drive. § 316.003(7599), Fla....

...been previously suspended for a prior refusal to submit to a lawful test of [his]_[her]_[[breath]_[blood]_[urine] if a record from the Department of Highway Safety and Motor Vehicles shows such a suspension. - 67 -  Definitions. § 316.003(2142) Fla....

...“Motor vehicle” means any self-propelled vehicle not operated upon rails or guideway[, but not including any bicycle, motorized scooter, electric personal assistive mobility device, mobile carrier, personal delivery device, swamp buggy, or moped]. § 316.003(99), Fla....

...e of a fire, rescue operation, or other emergency]. 5. (Defendant) willfully failed to obey [or] [willfully refused to comply] with the [order] [or] [direction] given. Definitions. Give as applicable. § 316.003(9599), Fla....

...and devices used exclusively upon stationary rails or tracks]. Patterson v. State, 512 So. 2d 1109 (Fla. 1st DCA 1987). - 69 -  “Willfully” means intentionally, knowingly, and purposely. § 316.003(24), Fla....

...And see, AGO 81-41, in which this office concluded that a municipality may provide law enforcement protection on all roads within the municipality where the public has the right to travel by motor vehicle. 3 Section 316.002 , F.S. 4 Section 316.235 (5), F.S., provides that a bus, as defined in s. 316.003 (3), F.S., may be equipped with a deceleration lighting system consisting of amber lights which light and flash during deceleration, braking, or standing and idling of the bus....

...6 Chapter 493 , F.S., regulates licensed and unlicensed persons and businesses engaged in the security industry. 7 Placement of "residential and business" between the terms "private" and "communities" shows a legislative intent to encompass only private residential communities and private business communities. 8 Section 316.003 (1), F.S....

Statutes (1981), “except mopeds, as defined in section 316.003(2).” That phrase was specifically included

...willfully refused or failed to stop the vehicle in compliance with the order b. having stopped the vehicle, willfully fled in a vehicle in an attempt to elude the officer. Definitions. § 316.003(48), Fla. Stat. “Operator” means any person who is in actual physical control of a motor vehicle upon the highway [or who is exercising control over or steering a vehicle being towed by a motor vehicle]. § 316.003(813), Fla. Stat. “Street or highway” means the entire width between boundary lines of every way or place of whatever nature when any part thereof is open to the public for purposes of vehicular traffic. § 316.003(99102), Fla....

...The law enforcement officer was in an authorized law enforcement patrol vehicle with agency insignia and other jurisdictional markings prominently displayed on the vehicle and with siren and lights activated. Definitions. § 316.003(48), Fla. Stat. “Operator” means any person who is in actual physical control of a motor vehicle upon the highway [or who is exercising control over or steering a vehicle being towed by a motor vehicle]. § 316.003(813), Fla. Stat. “Street or highway” means the entire width between boundary lines of every way or place of whatever nature when any part thereof is open to the public for purposes of vehicular traffic. § 316.003(99102), Fla....

...activated. 4. During the course of the fleeing or the attempt to elude, (defendant) drove at high speed or in any manner demonstrating a wanton disregard for the safety of persons or property. Definitions. § 316.003(48), Fla. Stat. “Operator” means any person who is in actual physical control of a motor vehicle upon the highway [or who is exercising control over or steering a vehicle being towed by a motor vehicle]. § 316.003(813), Fla. Stat. “Street or highway” means the entire width between boundary lines of every way or place of whatever nature when any part thereof is open to the public for purposes of vehicular traffic. § 316.003(99102), Fla....

...wanton disregard for safety, [he] [she] caused [the death of] [serious bodily injury to] [another person] [a law enforcement officer involved in pursuing or otherwise attempting to stop [his] [her] vehicle]. Definitions. § 316.003(48), Fla. Stat. “Operator” means any person who is in actual physical control of a motor vehicle upon the highway [or who is exercising control over or steering a vehicle being towed by a motor vehicle]. § 316.003(813), Fla. Stat. “Street or highway” means the entire width between boundary lines of every way or place of whatever nature when any part thereof is open to the public for purposes of vehicular traffic. § 316.003(99102), Fla....

...wheel locking mechanism had been broken or bypassed, unless satisfactorily explained, gives rise to an inference that the person in possession of the stolen motor vehicle knew or should have known that the motor vehicle had been stolen. Definitions. Give if applicable. § 316.003, Fla....

...responsibility for the operation and control of such roads. The opinion recognized the exclusive jurisdiction over roads and highways vested in the state, chartered municipalities, and counties. It further noted that "local authorities," defined by section 316.003 (20), Florida Statutes, to include officers and public officials of counties and municipalities, may exercise the police power to regulate traffic by means of traffic control devices....

...ty). 7 See, s. 316.072 (1), Fla. Stat. (1995), providing that Chapter 316 shall apply "upon all state-maintained highways, county-maintained highways, and municipal streets and alleys and wherever vehicles have the right to travel ." (e.s.) And see, s. 316.003 (53), Fla....

vehicular operation by the general public." (e.s.) Section 316.003(54), F.S. (1982 Supp.), as amended by s 1 of

...Authorized emergency vehicle. If you find (defendant) guilty of burglary, you must also determine if the State has proved beyond a reasonable doubt whether the conveyance [entered] [remained in] was an authorized emergency vehicle. Definition. See § 316.003, Fla....

...skates] [a horse-drawn carriage] [an electric personal assistive mobility device] [a wheelchair] on [a public right-of-way] [crosswalk] [shoulder of the roadway]]. -6-  Definitions. Give as applicable. § 316.003(75), Fla. Stat. Gaulden v. State, 195 So. 3d 1123 (Fla. 2016). A vehicle is “involved in a crash” if it collides with another vehicle, person, or object. § 316.003(75), Fla....

...medical treatment. Patterson v. State, 512 So. 2d 1109 (Fla. 1st DCA 1987). “Willfully” means knowingly, intentionally and purposely. If the “vulnerable road user” enhancement is given, insert applicable definitions from § 316.003, Fla....

...person, or object. Fla. Stat. § 316.062(1), Fla. Stat. “Identifying information” means the name, address, vehicle registration number, and if available and requested, the exhibition of the defendant’s license or permit to drive. Fla. Stat. § 316.003(75), Fla....

...unnecessary delay, notify the nearest office of a duly authorized police authority. Gaulden v. State, 195 So. 3d 1123 (Fla. 2016). A vehicle is “involved in a crash” if it collides with another vehicle, person, or object. § 316.003(75), Fla....

...“Operator” means any person who is in actual physical control of a motor vehicle upon the highway [or who is exercising control over or steering a vehicle being towed by a motor vehicle]. - 12 -  Fla. Stat. § 316.003(53), Fla. Stat. “Street or highway” means the entire width between boundary lines of every way or place of whatever nature when any part thereof is open to the public for purposes of vehicular traffic. Fla. Stat. § 316.003(75), Fla....

...activated. Definitions. “Operator” means any person who is in actual physical control of a motor vehicle upon the highway [or who is exercising control over or steering a vehicle being towed by a motor vehicle]. Fla. Stat. § 316.003(53), Fla. Stat. “Street or highway” means the entire width between boundary lines of every way or place of whatever nature when any part thereof is open to the public for purposes of vehicular traffic. Fla. Stat. § 316.003(75), Fla....

...or property. Definitions. “Operator” means any person who is in actual physical control of a motor vehicle upon the highway [or who is exercising control over or steering a vehicle being towed by a motor vehicle]. Fla. Stat. § 316.003(53), Fla. Stat. “Street or highway” means the entire width between boundary lines of every way or place of whatever nature when any part thereof is open to the public for purposes of vehicular traffic. Fla. Stat. § 316.003(75), Fla....

...vehicle]. Definitions. “Operator” means any person who is in actual physical control of a motor vehicle upon the highway [or who is exercising control over or steering a vehicle being towed by a motor vehicle]. Fla. Stat. § 316.003(53), Fla....

...Stat “Street or highway” means the entire width between boundary lines of every way or place of whatever nature when any part thereof is open to the public for purposes of vehicular traffic. - 18 -  Fla. Stat. § 316.003(75), Fla....

...efendant’s license or permit to drive. “Reasonable assistance” includes carrying or making arrangement to carry the injured person to a physician or hospital for medical treatment. - 22 -  § 316.003(75), Fla....

...1st DCA 1987). “Willfully” means intentionally, knowingly, and purposely. § 316.062(1), Fla. Stat. “Identifying information” means the name, address, vehicle registration number, and, if available and requested, the exhibition of the defendant’s license or permit to drive. § 316.003(75), Fla....

...number, and, if available and requested, the exhibition of the defendant’s license or permit to drive. “Reasonable assistance” includes carrying or making arrangement to carry the injured person to a physician or hospital for medical treatment. § 316.003(75), Fla....

...1st DCA 1987). “Willfully” means intentionally, knowingly, and purposely. § 316.062(1), Fla. Stat. “Identifying information” means the name, address, vehicle registration number, and, if available and requested, the exhibition of the defendant’s license or permit to drive. § 316.003(75), Fla....

A. Butterworth Attorney General RAB/tls 1 Section 316.003(2), Fla. Stat. 2 See, Op. Att'y Gen. Fla. 93-45

2d 468, 470 (Fla. 1993). 8 Section 316.003(42), Fla. Stat. 9 Section 316.003(47), Fla. Stat., defines the

...For purposes of chapter 322, Florida Statutes, a “motor vehicle” is defined as: any self-propelled vehicle, including a motor vehicle combination, not operated upon rails or guideway, excluding vehicles moved solely by human power, motorized wheelchairs, and motorized bicycles as defined in section 316.003....

...determines that such a limit is reasonable. Similarly, section 316.189 (2), Florida Statutes, provides that the maximum speed on any county maintained road in a business or residence district is 30 miles per hour. "Residence district" is defined by section 316.003 (38), Florida Statutes, as "The territory contiguous to, and including, a highway, not comprising a business district, when the property on such highway, for a distance of 300 feet or more, is, in the main, improved with residences or...

...316.002 , Fla. Stat., stating that it is unlawful for any local authority to pass or attempt to enforce any ordinance in conflict with the provisions of Ch. 316 , Fla. Stat. 4 See, e.g., Ops. Att'y Gen. Fla. 98-62 and 98-15 (1998). 5 See generally, s. 316.003 (23), Fla....

...iding at a sexual predator’s or sexual offender’s permanent residence for 53 or more consecutive days. - 11 -  Personal delivery devices, mobile carriers, and special mobile equipment are defined in § 316.003, Fla....

...coregistered, leased, titled, or rented by a person or persons residing at a sexual predator’s or sexual offender’s permanent residence for 53 or more consecutive days. Personal delivery devices, mobile carriers, and special mobile equipment are defined in § 316.003, Fla....

...previously held to be dangerous instrumentalities, and cited warnings in the loader's manual to emphasize its potential for danger. Newton also suggested that the loader -5- was classified as special mobile equipment under section 316.003(48), Florida Statutes (2013)....

...Rather, it is best classified as "[s]pecial mobile equipment," which is defined as "[a]ny vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including, but not limited to . . . bucket loaders." § 316.003(48)....

...(emphasis added)); .535(1) ("The gross weight imposed on the highway by the wheels of any one axle of a vehicle shall not exceed 20,000 pounds." (emphasis added)); .614(3)(a) (defining "motor vehicle" for purpose of seat belt regulation as a "vehicle as defined in s. 316.003 which is operated on the roadways, streets, and highways of this state" (emphasis added))....

power” from the definition of “motor vehicle.” § 316.003(2) & (21), Fla. Stat. Likewise, the driver’s license

conjunction with the definitional provisions of Section 316.003(43), Florida Statutes, that the driver of appellee’s

...S., provides in pertinent part as follows: (1) The provisions of this chapter shall not be deemed to prevent local authorities, with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power, from: (h) Regulating the operation of bicycles. Section 316.003 (2), F....

...ifies the purpose of the Florida Uniform Traffic Control Law by declaring action by a local authority to pass or enforce any ordinance in conflict with the provisions of Ch. 316, F. S., to be unlawful. The Legislature defines a moped as a bicycle in s. 316.003 , F....

...y in fact sufficient to establish standing. 7 In their opposition to Sheriff Croft’s Motion for Summary Judgment, Plaintiffs state that they did not step into the roadway. Plaintiffs use the definition of roadway provided in Fla. Stat. 316.003(42): “Roadway - the portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder.” In light of this definition, Plaintiffs’ testimony that they engaged in exactly the same activity...

...Instead, we must accept the evidence in the record as true and review the district court's order on 7 In their opposition to Sheriff Croft's Motion for Summary Judgment, Plaintiffs state that they did not step into the roadway. Plaintiffs use the definition of roadway provided in Fla. Stat. 316.003(42): "Roadway—the portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder." In light of this definition, Plaintiffs' testimony that they engaged in exactly the same activity as Bow...

...y construction equipment such as a backhoe. “Conveyance” is defined in section 810.-011(3), Florida Statutes (1983), as “any motor vehicle, ship, vessel, railroad car, trailer, aircraft, or sleeping car....” “Motor vehicle” is defined in section 316.003(21), Florida Statutes (1983), as “any vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, but not including any bicycle or moped as defined in subsection *871 (2).” In subsection 316.003(75), Florida Statutes (1983), “vehicle” is defined as [e]very device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or track...

...The term does not include house trailers, dump trucks, truck-mounted transit mixers, cranes or shovels, or other vehicles designed for the transportation of persons or property to which machinery has been attached. (Emphasis added). Obviously, by enacting section 316.003(49), the legislature does not consider vehicles for construction use to be “motor vehicles” as they have assigned such vehicles to a “special” category. A backhoe, generally, is a tractor which is used for digging pipelines, ditches, holes, swimming pools, and so forth. Such equipment is not run on the streets and is not used for transporting people. The state argued that because sections 316.003(21) and 322.01 provide definitions which broadly include every vehicle which is self-propelled, the backhoe should be deemed a motor vehicle within the statutory definition of a conveyance....

...traverse, the State correctly observed that the exclusion of motorized bicycles from the definition of “motor vehicle” under section 322.01(27)2 applied only if the motorized bicycle fell within the definition of motorized bicycle set forth in section 316.003, Florida Statutes (2014). 2 “Motor vehicle” is defined in section 322.01(27) as: [A]ny self-propelled vehicle, including a motor vehicle combination, not operated upon rails or guideway, excluding vehicles moved solely by human power, motorized wheelchairs, and motorized bicycles as defined in [section] 316.003. 2  The State’s traverse set forth the definition of “motorized bicycle,” which is included within the definition of a “bicycle” found in section 316.003(2), Florida Statutes (2014): Bicycle....

...per hour on level ground upon which any person may ride, having two tandem wheels, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels. . . . § 316.003(2), Fla Stat....

used the definition of “roadway” found in section 316.003(42), Florida Statutes (1995), because that

...partment of Education or the Department of Highway Safety and Motor Vehicles. The term "preelementary" appears only three other times in the Florida Statutes, all relating to traffic issues. None of these instances includes a definition of the term. Section 316.003 (45), Florida Statutes (1998 Supplement), provides a definition for "[s]chool bus" and includes the statement "[t]he term `school' includes all preelementary , elementary, secondary, and postsecondary schools." (e.s.) Section 316.615...

within the provisions of this chapter." 4 Section 316.003(53)(b), Fla. Stat.

...Florida law authorizes an officer 10 A limited-access facility is a “street or highway especially designed for through traffic and over, from, or to which owners or occupants of abutting land or other persons have no right or easement, or only a limited right or easement.” 2010 Fla. Stat. § 316.003(19). 16  USCA11 Case: 18-14682 Date Filed: 04/20/2021 Page: 17 of 67 to conduct a warrantless arrest for any violation of § 316 committed in his presence....

John J. Copelan, Jr. Broward County Attorney QUESTION: 1. Is a pay public parking garage at an airport operated by Broward County a "public street or highway" as defined in s. 316.003 (53), F.S., which would entitle a handicapped person to park his or her vehicle in such garage free of charge pursuant to s....

...ich a handicapped or disabled person is entitled to park free of charge at this parking garage, or charge such persons a reduced fee? SUMMARY: 1. A pay public parking garage at a county operated airport is a "public street or high-way" as defined in s. 316.003 (53)(a), F.S., and the county cannot impose any charge for parking by handicapped or disabled persons pursuant to s....

...5 Further, it is my conclusion that the exemption from charge for parking by handicapped persons prescribed by s. 316.1964 , F.S. (1990 Supp.), also applies. Your letter and accompanying materials also raise questions about whether a county airport parking garage comes within the scope of s. 316.003 (53)(c), F.S....

...3 See , e.g ., AGO 84-1 (municipalities are not authorized by law to enact an ordinance regulating parking for physically disabled persons on private property) and AGO 83-84 (the provisions of Ch. 316 , F.S., are enforceable on private property only when the public has a right to travel by motor vehicle thereon). 4 Section 316.003 (53)(a), F.S....

...wheel locking mechanism had been broken or bypassed, unless satisfactorily explained, gives rise to an inference that the person in possession of the stolen motor vehicle knew or should have known that the motor vehicle had been stolen. Definitions. Give if applicable. § 316.003, Fla....

...Authorized emergency vehicle. If you find (defendant) guilty of burglary, you must also determine if the State has proved beyond a reasonable doubt whether the conveyance [entered] [remained in] was an authorized emergency vehicle. Definition. See § 316.003, Fla....